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Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1620
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I need help filing an unfair dismissal claim at the

Customer Question

I need help filing an unfair dismissal claim at the tribunal, who might be able to help me?
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ed Turner replied 14 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 14 days ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Customer: replied 14 days ago.
I would want the lawyer to prepare my documents and file the claim at the Employment tribunal. I already have my ACAS certificate.
Expert:  Ed Turner replied 14 days ago.

This is a complicated matter which requires a detailed discussion where I can provide bespoke advice. I suggest that we have a detailed telephone discussion. Please accept the site’s offer of a Premium Service Phone Call.

Customer: replied 14 days ago.
Sorry, I am not paying for something which I can get for free, every solicitor is providing a 15-25min free consultation
Expert:  Ed Turner replied 14 days ago.

I can review a brief amount of documentation from the customers (up to 20 pages or so).

The phone calls generally last around 20 – 30 minutes at most. I will let you know if we are going around in circles and I am repeating myself.

You will not receive any additional documentation from me or Just Answer (apart from payment confirmation).

I will discuss my fees with my main virtual law firm on the call. Under my Just Answer Expert Agreement, I cannot provide Customers any direct contact details or information about my law firm’s charges unless they accept a Premium Service Phone Call.

If you choose to instruct me directly through my law firm, this will be a different contract from yours with Just Answer. I will open a new client-matter for you with my firm and send you retainer documentation in the form of a Client Care Letter and Terms of Engagement.

Expert:  Ed Turner replied 14 days ago.

If you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal.

Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.

However, if you have been Dismissed or Constructively Dismissed based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment. Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic (Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, Gender Reassignment), for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 of the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.

In Discrimination and Whistleblowing cases, in addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings.

A Claimant employee has three months from the Effective Date of Dismissal, or the Discrimination or Detrimental Act complained of to lodge a Claim Form ET1 with the Regional Employment Tribunal. This is a very brief time limit which is strictly enforced. I therefore recommend that you act as quickly as possible by instructing specialist employment solicitors to protect your position and advise you fully on your prospects of success.

You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”). ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings.

During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended. If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.

Expert:  Ed Turner replied 14 days ago.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Customer: replied 14 days ago.
I already have my ACAS certificate.
Expert:  Ed Turner replied 14 days ago.

Then you need to draft and lodge the Claim Form ET1 within one month of the date of the ACAS EC1 Cert.

Customer: replied 14 days ago.
Could you do that please and please attach your quote to this message?
Expert:  Ed Turner replied 14 days ago.

I note all you say, but I do not think that this is a matter with which a solicitor can assist you and certainly not via an “ad hoc” answering service like Just Answer. You must instruct a solicitor under a formal solicitor-client retainer at additional cost.